Qinngrwa at the llinttcit gtatcn

instttitgttrn, no 213515

June ll, 20l3

The Honorable Irving A. Williamson Chairman U.S. international Trade Commission 500 E Street, S.W. Washington, DC 20436

Re: ITC lnvcstigation Number 796, Protecting American Consumers from the Unintended Consequences of a Vague Exclusion Order
Dear Chairman Williamson:

We write to express our concerns regarding investigation 337-TA-796, a patent dispute case currently before the Commission. Should a violation be found, we urge you to take particular care of providing, clarity and administrability in crafting any exclusion order on design patents which are as simple as a drawing. This is vital if the Commission is to fulll its mission of remedying unfair practices in the importation of articles while also ensuring healthy competitive conditions in the United States.
It is fundamental that any exclusion order that may be issued be sufficiently clear to all affected parties, but particularly to the Customs and Border Protection (CBP), which must administer an order. As these orders can ultimately impact billions of dollars in trade, there must be no room for interpretation when enforcing an exclusion order. A simple drawing of a rectangle with rounded corners, a speaker and a display, a shape common to all modern phones, would pose administrative difculties, as the CBP would be forced to make subjective decisions without clear Commission guidance.
Additionally, an exclusion order that is unclear and clifcult to administer would be detrimental to U.S. consumers. lt would have the potential unintended effect of dramatically decreasing, if not completely removing, -omthe U.S. market mobile devices offered at a wide range of price points by a manufacturer with a significant presence in the U.S. Such products are sought by U.S. consumers because of their innovative features, affordable prices and extensive local distribution channels. An unclear exclusion order that may unintentionally affect non-infringing Samsung mobile phones and tablets would leave consumers with fewer choices, particularly since other manufacturers are unlikely to have the capacity to quickly replace the demand.

We strongly believe that when considering an cxclusion order, the Commission must carefully consider both the ability of Customs to administer an order and the potential effects of any such order on the public and the U.S. economy. Accordingly, we urge the Commission to provide clarity and administrability while ensuring the continued availability of a range electronic devices in a competitive U.S. market. We encourage the Commission to work closely with Customs officials to craft sutticiently clear guidance on administration, if an exclusion order is to be issued.

WIINTED UN RECYCMD PAPFR

Thank you for your attention t0 this important matter.

Sincerely,

@LiZ_&l/
MEMBER OF CONGRESS

'
MEMBER OF CQNGRESS

BILLPASCRELL, JR.

HANKJOHNSON

ALBIO SIRES MEMBER OF CONGRESS

DAN MAFFEI 11 MEMBER OF CONGRESS

\
T I SEWELL, MEMBER OF CONGRESS

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TEVE ISRAEL MEMBER OF CONGRESS